September/October 1995
Reports of harassment in the workplace continue to rise, and they types of behavior considered harassment continue to expand. Here’s a look at what you can do to keep it from hurting your company.
By Richard G. Ensman Jr.
Richard G. Ensman Jr. is a writer based in Rochester N.Y.
Ever since Anita Hill testified before Congress at the hearing to confirm Clarence Thomas's nomination to the Supreme Court, allegations of sexual harassment in the American workplace have skyrocketed. Gone are the days when a manager or employee could make a sexually provocative or embarrassing comment to a coworker with the certainty that he or she would be free from accountability for the remark.
Indeed, today's laws, as well as today's widely accepted business ethics, prohibit unwanted sexually oriented behavior in the workplace--whether overt or implicit, verbal or nonverbal. (For a look at the broad range of types of conduct that can be considered harassment, see "Harassment Comes in Many Forms," below.)
So what can you do to help your firm address the issue and meet its responsibilities toward employees concerned about harassment? Here are some ideas.
Make Prevention Your First Step. As you seek to address the issue, your starting point should be the development of a clear and unambiguous policy prohibiting sexual harassment in the workplace. This policy should include a formal complaint procedure that can be used by anyone in the organization.
Simply having a policy won't solve much, however. The policy should be supplemented with training given during every employee's orientation, as well as ongoing training offered during staff meetings and regular reminders to supervisors and the entire work force. The real goal here is for every employee to understand the nature of sexual harassment and your company's commitment to prevent its occurrence.
Assign Responsibility. One individual at your company--perhaps the personnel director or another trusted manager--should be assigned responsibility for monitoring your harassment policies and training efforts and acting as a sounding board for complaints. Because of the potential for embarrassment in discussing complaints, you may want to assign both a male and a female representative for this task.
The individual or individuals chosen should also keep abreast of new legislation on harassment. In addition, since harassment has been considered a form of sex discrimination by the courts, this person would be wise to periodically review materials related to this issue developed by the Equal Employment Opportunity Commission and other federal and state agencies.
Address Allegations. Any allegation of sexual harassment, whether it's made through the formal complaint procedure or through an informal channel, should be addressed immediately.
In doing so, your designated personnel officer should confidentially interview the individual making the complaint. The interview should strictly be a "fact gathering" exercise, and your personnel officer should attempt to determine the circumstance that gave rise to the complaint. Furthermore, he or she should determine whether any witnesses observed the incident and identify all the individuals who may have contributed to the problem. Finally, the personnel officer should inquire about other instances of alleged harassing behavior the employee knows about.
Generally, the personnel officer should also interview those alleged to be responsible for the incident. Again, the purpose of the interview is strictly to gather facts. Thus, the personnel officer should make the same inquiries made in the earlier interview and use whatever information is obtained to supplement what has already been learned about the incident.
Protect Your Employees and Your Company. In investigating an allegation of sexual harassment, you and your personnel officer need not--and should not—act as judge and jury. As you interview the individuals involved and collect additional information, remember to put what you learn in writing. And while you may note a number of wide-ranging observations offered by the individuals involved, be sure to distinguish factual information from rumor and hearsay.
If its obvious that harassment has occurred, your immediate responsibility is to see that it stops. Then you must confront the more troublesome issues: should the offending employee be disciplined and, if so, how? Should the employee who suffered harassment be compensated in some way?
Unless the information you gather provides clear evidence that harassment occurred, be cautious about drawing final conclusions about the incident or disciplining an employee for harassment. If you have any doubts about the propriety of the specific disciplinary action, or if you are considering compensation to the offended employee, consult your attorney before proceeding further.
Because sexual harassment often occurs out of the workplace, you may sometimes find yourself unable to discipline an offending employee or resolve the allegation to your full satisfaction. In such circumstances, keep in mind that your investigation is still valuable; your willingness to pursue all allegations of harassment is, in and of itself, a strong deterrent to future harassment.
Continue to Educate. If you encounter a sexual harassment allegation in the workplace, don't hesitate to use the occasion to remind supervisors of your policies on this issue—and ask them to remain on the alert for harassing behavior in the future.
Above all, remember that the responsibility for dealing with this complex issue rests with everyone in the organization. The CEO must insist on a work environment that supports respect and professionalism. The personnel officer must ensure that appropriate policies on harassment are in place and that employees understand the procedures for filing harassment complaints. And supervisors must make sure that these policies are properly administered on a daily basis.
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An effective sexual harassment policy helps you prevent legal and moral problems. But its ultimate value is much greater: It helps you build a workplace conducive to the highest standards of productivity and morale.
Reports of harassment in the workplace continue to rise, and they types of behavior considered harassment continue to expand. Here’s a look at what you can do to keep it from hurting your company.